Terms and Conditions

General Business Terms for CyberGhost VPN Service

BY ACCESSING, USING, INSTALLING OR DOWNLOADING CyberGhost VPN YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM AND TO FULLY COMPLY WITH THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE CyberGhost VPN AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE, DO NOT ACCESS, INSTALL, DOWNLOAD OR USE THE CyberGhost VPN AS DEFINED BELOW.

1. Service provider

The service CyberGhost Virtual Private Network (hereinafter called CyberGhost VPN) is hereby offered by CyberGhost S.A. (hereinafter called CyberGhost), Romania

2. Agreement

CyberGhost hereby grants you a personal, non-exclusive, not transferrable, limited and revocable license to use the CyberGhost VPN (including its Apps and the CyberGhost VPN Client Software, designed exclusively to access the CyberGhost VPN) solely in accordance with the terms of this Use Agreement. Cyberghost reserves all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under this Agreement is void.

You are allowed to use CyberGhost VPN only if you are legally capacitated and authorized to conclude an agreement with CyberGhost and such conclusion is not forbidden to you according to the applicable laws.

You hereby represent and warrant that you will use the Cyberghost VPN or the Service solely for privacy and security needs and in full compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not agree to, nor shall you authorize or encourage any third party to: (i) prevent others from using the Cyberghost VPN; (ii) use the Cyberghost VPN for any fraudulent or inappropriate or illegal purpose (i.e., cyber activity); or (iii) act in any way that violates this Agreement.

3. Your data traffic, your data and data security

CyberGhost VPN should provide you with the possibility to perform internet traffic using a computer (the so-called VPN-Server) in various regions and not to disclose your IP address. Your data traffic is thus encoded and cannot be spied out. The goal of CyberGhost VPN is to protect your privacy but not your computer. Cyberghost VPN is not meant as an antivirus or antimalware tool.

CyberGhost does not store data within CyberGhost VPN which permit interference with your personal data. For all operations, which imply the storage of personal data, such as for example payment operations, CyberGhost cooperates with third party providers, who undertake the separate storage of data, for more information we recommend you review our privacy policy.

CyberGhost collects and uses no personal data to make CyberGhost VPN available. If you want to find out more about the way in which CyberGhost collects and uses data, please read our Privacy Policy.

4. Modifications and Updates

From time to time, CyberGhost at its absolute discretion, can modify CyberGhost VPN, for example by adding or removing certain functions of VPN servers or by updating the software.

Cyberghost may, at its sole discretion, provide limited technical support, upgrades and updates for the Cyberghost VPN. In order to enhance and further develop the Cyberghost VPN s we may automatically download and install updates and upgrades from time to time. You hereby agree to receive such updates and upgrades as part of your use of the Cyberghost VPN. We have no obligation to make available to you any support versions of the Cyberhost VPN. Additionally, we shall have no obligation to provide support or maintenance for the Services under this Agreement.

5. External service providers

In order to make the service CyberGhost VPN available, CyberGhost VPN cooperates with third party providers (such as, Digital Commerce Providers for payment operations or Data Processing Centers for our VPN servers). If you want to find out more about the third party providers, with whom CyberGhost cooperates, please read our Privacy Policy. Thus, you award CyberGhost the necessary approvals to store and/ or process there safely your encoded data and/ or your encoded data traffic. The purpose is exclusively to make CyberGhost VPN available.

We make best efforts to monitor and choose our partners and secure the services provided to you. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS.

6. Data protection

CyberGhost collects and uses no personal data to make CyberGhost VPN available. If you want to find out more about the way in which CyberGhost collects and uses data, please read our Privacy Policy.

7. Safety of your user account

You are the only one responsible for the safekeeping of your password and for handling your user data. Please, change your password on a regular basis. Do not disclose to third parties your user information (Username and password). You are the only one responsible for the activities related to your user account as well as for the activities related to your user account which you have transferred unjustifiable to third parties.

Your user account is linked to a "Personal Unblock Key" (PUK), which you will receive one time upon creation of the user account. CyberGhost would like to advise you on the fact that this is the only available method (besides the input of your Premium Activation Key) to access again an account for which you had forgotten the password.

8. Your responsibility

As CyberGhost VPN may be accessed from all around the world, you undertake to ensure that your use of the Cyberghost VPN will comply with all applicable local laws and regulations. You undertake to comply with all applicable laws, rules and regulations and warrant that you will not and will not permit any third party to use the service in any manner that may breach applicable law or infringe third party rights. Without limiting the generality of the above, you undertake and warrant that you will not and will not allow a third party to (A) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any portion of the CyberGhost VPN (including without limitation any related malware signatures and malware detection routines), or (B) change, modify or otherwise alter CyberGhost VPN (including without limitation any related malware signatures and malware detection routines); (iv) publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense CyberGhost VPN; (v) use CyberGhost VPN to provide or build a product or service that competes with CyberGhost VPN; (vi) use or attempt to use CyberGhost VPN to upload, store or transmit any data, information or materials that: infringe the intellectual property or other rights of third parties; contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind; or otherwise in any way damage, disable or impair the operation of CyberGhost VPN; (viii) gain or attempt to gain unauthorized access to CyberGhost VPN or to networks connected to it, or to content stored or delivered through it, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures.

The present use agreement, the applicable laws and other provisions are binding for you and you are the only one responsible for the observance thereof. You understand that CyberGhost undertakes no responsibility for your actions. In case of statutory violations by the user, Cyberghost may cooperate with public or private authorities at its sole discretion as provided by law.

CyberGhost reserves the right, in case of breach of this Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to CyberGhost VPN without awarding a refund for Services already paid for, as well as to initiate legal actions.

Rightholders, who draw the conclusions that, by means of the contents downloaded via CyberGhost VPN, their legal interest, for e.g. the intellectual property, is violated, can contact our Copyright representatives (copyright@cyberghost.ro) so that we can prevent the further access to such content.

9. Disclaimer

CyberGhost provides no warranty the service or the software. CyberGhost is not liable for damages which may occur following the exposure of the identity or the IP address of the user or the breakdown of individual VPN servers. Moreover, CyberGhost provides no warranty for the availability of certain VPN servers within the CyberGhost network and for the performance thereof.

EXCEPTAS OTHERISE SPECIFICALLY PROVIDED HEREIN, CyberGhost VPN IS PROVIDED “AS IS” AND CYBERGHOST MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CYBERGHOST DOES NOT WARRANT THAT THE OPERATION OF CYBERGHOST VPN WILL BE UNINTERRUPTED OR ERROR FREE, THAT IT WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT IT WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.

10. Indemnification

You agree to indemnify and hold Cyberghost and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the CyberGhost VPN. The user is solely responsible for his or her actions when using the CyberGhost VPN.

11. Termination

Prepaid Pay Scales do not require any termination and end automatically upon expiry of their validity term.

In case of Premium and Premium Plus subscriptions, your subscription will be renewed automatically for respective billing cycles until you terminate your subscription, e.g. if you select to subscribe for a monthly subscription in January 1st, unless you notify us you wish to terminate your subscription by January 31st, we shall automatically renew your subscription for February and charge you accordingly.

In case you terminate your subscription within the below specified timeframe depending on the type of your subscription, we shall refund the full amount paid in accordance with our money-back warranty: Refund Policy 45 Days Money Back Guarantee.

Subscription Type

Money-back guaranty period

Subscription of 6 months and more

Money Back guarantee in case of termination with 45 days

Subscription of 1 month

Money Back guarantee in case of termination with 14 days

In case you terminate your subscription at any time after the expiration of the respective Money-back guaranty period, you shall be charged for the remainder of the subscription’s duration (e.g. if you purchase a yearly subscription and you decide to cancel your subscription after 3 months, you will be charged the whole yearly subscription and will have access to the services until the expiration of the yearly subscription, but at the expiration of the subscription the latter will not be renewed).

If the agreement as a whole is terminated, you will not be able to access your user account and there will be no valid license for the use of CyberGhost VPN Apps and CyberGhost VPN Client-Software.

CyberGhost VPN can terminate at any time the agreement by providing with relevant notice at is discretion.

CyberGhost VPN can also terminate extraordinary at any time the agreement in case of an atypical use. An atypical use means, for example, a monthly transfer volume, which includes the entire ingoing and outgoing data traffic, higher than 80 GB. Currently, the traffic volume is not measured. However, CyberGhost VPN reserves the right to install corresponding tracking systems and to prevent unfair use in case of an unusually high utilization degree of the entire network.

Upon termination of this Agreement, all licenses granted herein will be terminated and you will no longer have access to Cyberghost VPN.

12. Revocation Right for Consumers

The provisions of this Clause 12 shall only apply to Consumers who place an order from a member state of the European Union:

12.1. Revocation

12.1.1. Consumers shall have the right to revoke this contract within fourteen (14) days without stating a reason.

12.1.2. In the case of a contract for Services or a contract for the delivery of individually acquired or recurring digital content not installed on a physical data carrier, the revocation period shall be fourteen days from the date the contract was concluded. In the case of a purchase contract for the delivery of goods (e.g. back-up CDs), the revocation period shall be fourteen days from the date on which the Consumer – or a third party designated by the Consumer who is not a freight carrier – takes possession of the goods.

12.1.3.According to applicable law, the right of revocation does not arise or exist

➢ with respect to contracts for the delivery of goods if they are not ready-made but were manufactured in accordance with an individual choice or determination of the Consumer or are clearly tailored to the personal needs of the Consumer, and

➢with respect to contracts for the delivery of audio and video recordings or computer software in a sealed package if the seal was broken after delivery.

12.2. Waiver of the Right of Revocation

THE PROVISIONS OF THIS CLAUSE 13 SHALL ONLY APPLY TO CONSUMERS WHO ENTER INTO A CONTRACT FOR THE DELIVERY OF DIGITAL CONTENT NOT INSTALLED ON A PHYSICAL DATA CARRIER.

THE CONSUMER:

1) EXPRESSLY AGREES THAT THE EXECUTION OF THIS CONTRACT SHALL COMMENCE BEFORE THE EXPIRATION OF THE REVOCATION PERIOD, AND

2) IS AWARE THAT HE WILL LOSE HIS RIGHT OF REVOCATION WHEN THE EXECUTION OF THIS CONTRACT COMMENCES.

Any money-back-guarantee or other guarantee or warranty of similar content granted by cleverbridge as regulated in Clause 14 shall not be affected by this Clause.

12.3

To exercise the right of revocation, the Consumer must inform CyberGhost VPN (through cleverbridge (cleverbridge AG, Gereonstr. 43-65, 50670 Cologne, Germany, tel: +49 221 - 222 45 – 0, fax: +49 221 - 222 45 – 19, email: cs@cleverbridge.com or Crossrider Sports via https://support.cyberghostvpn.com.) by making a clear declaration of his decision to revoke the contract (e.g. by letter sent by regular mail, fax, or email.) The Consumer can use the model revocation form following these revocation instructions for this purpose, but it is not a requirement.

To meet the revocation deadline, it is sufficient for the Consumer to send notice that he is exercising his right of revocation prior to the expiration of the revocation period.

12.4 Legal Consequences of Revocation

12.4.1 If the Consumer revokes this contract, cleverbridge or Crossrider Sports must promptly refund all of the payments cleverbridge or Crossrider Sports received from the Consumer, including delivery costs, no later than fourteen days from the date on which the notice of revocation of the contract was received by cleverbridge or Crossrider Sports (with the exception of additional costs incurred because the Consumer has chosen a different mode of delivery than the most cost-effective one, i.e. the standard mode of delivery offered by cleverbridge or Crossrider Sports). For this refund, cleverbridge or Crossrider Sports shall use the same means of payment that was used by the Consumer in the original transaction, unless otherwise expressly agreed with the Consumer. In no case shall the Consumer be charged a fee for the refund.

12.4.2 In the case of a contract for Services, the following shall apply: If the Consumer requested that the Services commence during the revocation period, the Consumer shall pay cleverbridge/Crossrider Sports a reasonable amount, which corresponds to the percentage of Services provided by the time the Consumer informs cleverbridge/Crossrider Sports of the exercise of his right to revoke the contract, as compared to the total scope of the Services contemplated by the contract.

12.4.3 If there is a purchase contract for the delivery of goods, the following shall apply: cleverbridge/Crossrider Sports can refuse to make a refund until it has received the goods back or until the Consumer proves that he has sent the goods back, whichever is earlier. The Consumer shall promptly return or send the goods to cleverbridge/Crossrider Sports no later than fourteen days from the date on which the Consumer informed cleverbridge/Crossrider Sports of the revocation of the contract. The deadline is met if the Consumer sends the goods before the expiration of the fourteen-day period. The Consumer shall bear the direct costs of returning the goods.

The Consumer must pay for the diminished value of the goods if the diminished value is attributable to his treating the goods in an unnecessary manner to examine their quality, characteristics, and functionality.

13. Separate regulations for the Free-Rate

In order to use CyberGhost VPN Free no user account must be configured. However, you must install the CyberGhost VPN Apps and/or the CyberGhost VPN Client Software.

CyberGhost is entitled anytime to suspend or restrict the access to CyberGhost VPN Free.

You can terminate this agreement anytime. To this end, you must delete the CyberGhost VPN Apps and/ or the CyberGhost VPN Client-Software.

CyberGhost can also terminate anytime this agreement.

14. Amendments

CyberGhost reviews this use agreement from time to time and the updated version is always published on our website. CyberGhost informs you on the amendments by means of a Pop-up window, when you log-in to the service. Then, you can accept the amendments to be able to further use CyberGhost VPN.

15. Applicable law

The applicable law is English law and the UN Convention on contracts for the international sale of goods (CISG) is excluded. In case of disputes arising from the terms of this Agreement, the Parties hereby irrevocably submit to the exclusive jurisdiction of London, UK.

Service description and prices of CyberGhost VPN.

By means of CyberGhost VPN, CyberGhost S.A., %s (hereinafter called CyberGhost), makes available to you the CyberGhost VPN Apps and the CyberGhost VPN Client-Software, which should provide you with the possibility to perform internet traffic using a computer (the so-called VPN-Server) in various regions and to keep your IP address hidden. Your data traffic is thus encoded and can not be spied out.

To this end, CyberGhost provides the following services:

1.1 Virtual Private Network

You can connect to CyberGhost Virtual Private Network (VPN) by using an end machine (PC, Smartphone, etc.) via the Internet. For this purpose, CyberGhost makes available the infrastructure, comprising Login-Servers with Load Balancing, VPN-Servers (NAT) and DNS-Servers. For various operating systems, CyberGhost makes available various Clients.

1.2 Serverpark

You can connect with the help of our Client Software, to our Apps or natively to one of our VPN servers. For this purpose, we make available servers in various countries.

Protocols

The VPN servers support the following protocols:

OpenVPN

L2TP/IPSec

PPTP

Offer

According to the available pay scale, you can access more or less VPN servers. The access is made according to the pay scale and machine either via national servers and/ or via VPN servers.

1.3 Machines

According to the available pay scale, you can use simultaneously up to 5 machines of your choice with your user account (Desktop-PCs, Laptops/Notebooks, Smartphones, Tablet-PCs or other machines able to connect to the Internet).

1.4 Bandwidth

In most locations of the VPN servers, the available bandwidth is not restricted artificially and depends on the VPN server connection and your internet access. In certain location with limited interface, the VPN servers are restricted artificially in order to provide a fair and constant use. The corresponding servers are marked.

1.5 Transfer volumes

CyberGhost VPN includes a fair use transfer volume of 80 GB per invoicing month, which comprises the entire ingoing and outgoing data traffic. If the transfer volume is exceeded, CyberGhost is entitled to block the transfer of files until the end of the pending invoicing month or to limit the band width.

Currently, the traffic volume is not measured. However, CyberGhost VPN reserves the right to install corresponding tracking systems and to prevent unfair use in case of an unusually high utilization degree of the entire network.

2. Access

Your access to the administration and use of CyberGhost VPN is made via the Internet.

In order to use CyberGhost VPN Free there is no need for a user account. However, you must install the CyberGhost VPN Apps and/or the CyberGhost VPN Client Software.

In order to use CyberGhost VPN Premium, a user account must be configured. This is completely anonymous, without the authentication of personal data.

3. Online-Support

CyberGhost provides you over the Internet Online-Help in the form of FAQ, Tips, Instructions etc. in German and English.

4. Prices and Pay Scales

5. Invoicing

The invoicing and payment procedure for your Pay Scale is performed exclusively by resellers, in order to enable a separation of the payment data from the data of the VPN user account. All transactions performed via our internet website and our Clients are conducted by our business partners, namely either cleverbridge AG or Crossrider Sports Limited, using Stripe. Bitcoin payments are conducted by our business partner BItpay

The following apply for Prepaid: The fees for your Premium-Pay Scale are invoiced upon acquisition of the Prepaid Activation Key. The validity period of the pay scale starts with the date on which you activate the Prepaid Activation Key and ends automatically.

The following apply for a subscription: The fees for your Premium-Pay Scale are invoiced starting with the date when you acquire a Premium-Pay Scale and thereafter will be calculated monthly or yearly, until your Premium-Pay Scale or your User Account is terminated.

In case that the Pay Scale is activated on a day, which does not exist in a certain month or year, cleverbridge AG or Crossrider Sports Limited on behalf of CyberGhost will debit your credit card or bank account on the last day of the following month or following year. For example, if your Pay Scale was set for use on January 31, February 28 is the following invoicing date.

[Coming soon: If you decide to make an Upgrade of your Premium-Pay Scale, the start date of your next invoicing period will be restored and the first month or the first year of the updated Pay Scale will be calculated pro rata. If, for example, the monthly payable Premium –Pay Scale starts on the 12th of March, the next payment is due on the 12th of April. On the 20th of April you make an Upgrade of your Pay Scale and you pay the new amount due for the superior Premium-Pay Scale, less the amount corresponding to the 8 day period according to the prior Premium-Pay Scale. The next payment will be then due on the 20th of May.]

CyberGhost can change the applicable fees and costs or may charge from time to time additional fees and costs. You will be informed in advance by e-mail on such changes. You are responsible to update your contact data and payment information.

Your Premium-Pay Scale will be valid until you terminate your Pay Scale or user account or until we deleted them. You must terminate your Premium-Pay Scale 30 days before the expiry of the monthly or yearly invoicing period in order to prevent the debiting of your credit card or bank account by cleverbridge AG or in case Crossrider Sports Limited is the Reseller by Stripe on behalf of CyberGhost with the next monthly or yearly fee.